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Zorluk: ZorUnion Executive: President, Vice-President, PM, and Council of Ministers

With reference to the constitutional framework of the Union Executive, what is the precise legal consequence on the Council of Ministers when an incumbent Prime Minister dies in office or submits their resignation to the President?

  1. The Union Council of Ministers automatically stands dissolved, as the Prime Minister is the central pillar of the Cabinet.Cevap
  2. B
    The senior-most Cabinet Minister automatically assumes the office of acting Prime Minister while the remaining Council of Ministers continues to function uninterrupted.
  3. C
    The Council of Ministers continues in office under the direct executive authority and supervision of the President until a new Prime Minister is appointed.
  4. D
    The House of the People (Lok Sabha) is automatically dissolved by operation of law, necessitating fresh general elections within six months.

Cevap

The Union Council of Ministers automatically stands dissolved, as the Prime Minister is the central pillar of the Cabinet.
The Prime Minister occupies a pivotal position in the Indian parliamentary democracy as the head of the Union Council of Ministers. Because the Council of Ministers comes into existence only after the Prime Minister takes the oath and advises the President on ministerial appointments, the resignation or death of an incumbent Prime Minister automatically brings about the dissolution of the entire Council of Ministers.

Adım Adım Çözüm

1
Analyze the constitutional position of the Prime Minister in relation to the Union Council of Ministers under Article 74 and Article 75.
The Prime Minister is the head of the Council of Ministers and the cornerstone of the Cabinet arch.
The existence of the Council of Ministers is fundamentally tied to the leadership of the Prime Minister.
2
Evaluate the effect of a Prime Minister's death or resignation on the Council of Ministers.
The resignation or demise of the Prime Minister automatically dissolves the Council of Ministers, creating a vacuum.
Since ministers are appointed on the advice of the Prime Minister, the exit of the Prime Minister collapses the entire executive body.
3
Distinguish between the dissolution of the Council of Ministers and the dissolution of the Lok Sabha.
Only the ministry collapses; the Lok Sabha remains intact unless specifically dissolved by the President.
A new Prime Minister can be appointed if a political party or coalition demonstrates majority support in the Lok Sabha.

Anahtar Kavram

Constitutional Position and Primacy of the Prime Minister in the Union Executive
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